PANKAJ JAIN Vs. GYANENDRAPAL SINGH

JUDGEMENT

(1.) This is an application under Section 482 of the Criminal Procedure Code, 1973, for quashing the proceedings in Criminal Case No. 456 of 1990 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter called "the Act").

(2.) The brief facts of the case leading to the application are that the accused, Pankaj Jain, is the managing director and the accused, Sanjai Jain, is the executive director of Jain Food Products (P) Ltd. The complainant, Gyanendrapal Singh, is the partner of Rajpoot Enterprises. On December 2, 1989, the accused, Sanjai Jain, gave five cheques for a total amount of Rs. 1,60,000 to the complainant. These cheques were presented on December 16, 1989, for payment but payment was refused with the remark "exceeded arrangement". The complainant contacted the accused who assured the complainant that payment will be made by the bank on December 20, 1989. The cheques were again presented on December 21, 1989, but the payment was refused with the same remark. On December 22, 1989, and December 25, 1989, the complainant issued notice to the accused by registered post but no payment was received and, therefore, the complaint, annexure "2", was filed by opposite party, Gyanendrapal Singh, on January 15, 1990.

(3.) The present application under Section 482 of the Criminal Procedure Code, 1973, has been filed by Pankaj Jain mainly on the ground that the cheques were signed by Sanjai Jain and, therefore, Pankaj Jain was not liable under Section 138 of the Act.